Does the Churchs Chicken addendum specify that Illinois law shall govern the agreement?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
| This | Addendum to the Church's Texas Chicken Development Agreement dated ("Development Agreement") between CAJUN GLOBAL LLC, d/b/a Church's | |
|---|---|---|
| Texas Chicken | a Delaware limited liability company ("Cajun"), and , a formed in ("Developer") is entered into simultaneously with the | |
| execution | of | Development |
| the | Agreement. | |
| Development to all (C) | 1. Developer was or part of | The provisions of this Addendum form an integral part of, and are incorporated into the Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise made in the State of Illinois; (B) Developer is a resident of the State of Illinois; and/or the Development Area will be located, in the State of Illinois. |
| 2. | The | |
| following | ||
| sentence | ||
| is | ||
| added | ||
| at | ||
| the | ||
| end | ||
| of | ||
| Section | ||
| 23.A. | ||
| of | ||
| the | ||
| Agreement: | ||
| Notwithstanding | ||
| the | ||
| foregoing, | ||
| Illinois | ||
| law | ||
| shall | ||
| govern | ||
| this | ||
| Agreement. | ||
| 3. | The | |
| following | ||
| sentence | ||
| is | ||
| added | ||
| to | ||
| the | ||
| end | ||
| of | ||
| Section | ||
| 23.B. | ||
| of | ||
| the | ||
| Agreement: | ||
| Section | ||
| 4 | ||
| of | ||
| the | ||
| Illinois | ||
| Franchise | ||
| Disclosure | ||
| Act | ||
| provides | ||
| that | ||
| any | ||
| provision | ||
| in | ||
| a | ||
| franchise | ||
| agreement | ||
| that | ||
| designates | ||
| jurisdiction | ||
| or | ||
| venue | ||
| in | ||
| a | ||
| forum | ||
| outside | ||
| of | ||
| Illinois | ||
| is | ||
| void | ||
| with | ||
| respect | ||
| to | ||
| any | ||
| cause | ||
| of | ||
| action | ||
| that | ||
| otherwise | ||
| is | ||
| enforceable | ||
| in | ||
| Illinois. | ||
| 4. | The | |
| following | ||
| sentence | ||
| is | ||
| added | ||
| at | ||
| the | ||
| end | ||
| of | ||
| Section | ||
| 23.C. | ||
| of | ||
| the | ||
| Agreement: | ||
| Section | ||
| 27 | ||
| of | ||
| the | ||
| Illinois | ||
| Franchise | ||
| Disclosure | ||
| Act | ||
| provides | ||
| that | ||
| causes | ||
| of | ||
| action | ||
| under | ||
| the | ||
| Act | ||
| must | ||
| be | ||
| brought | ||
| within | ||
| the | ||
| earlier | ||
| of: | ||
| 3 | ||
| years | ||
| of | ||
| the | ||
| violation, | ||
| 1 | ||
| year | ||
| after | ||
| the | ||
| franchisee | ||
| becomes | ||
| aware | ||
| of | ||
| the | ||
| underlying | ||
| facts | ||
| or | ||
| circumstances | ||
| or | ||
| 90 | ||
| days | ||
| after | ||
| delivery | ||
| to | ||
| the | ||
| franchisee | ||
| of | ||
| a | ||
| written | ||
| notice | ||
| disclosing | ||
| the | ||
| violation. | ||
| 5. | The | |
| following | ||
| sentence | ||
| is | ||
| added | ||
| to | ||
| the | ||
| end | ||
| of | ||
| Section | ||
| 25 | ||
| of | ||
| the | ||
| Agreement: | ||
| Section | ||
| 41 | ||
| of | ||
| the | ||
| Illinois | ||
| Franchise | ||
| Disclosure | ||
| Act | ||
| states | ||
| that | ||
| any | ||
| condition, | ||
| stipulation, | ||
| or | ||
| provision | ||
| purporting | ||
| to | ||
| bind | ||
| any | ||
| person | ||
| requiring | ||
| any | ||
| franchise | ||
| owner | ||
| to | ||
| waive | ||
| compliance | ||
| with | ||
| any | ||
| provision | ||
| of | ||
| this | ||
| Act | ||
| is | ||
| void. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 50–55)
What This Means (2025 FDD)
According to Churchs Chicken's 2025 Franchise Disclosure Document, an addendum to the Development Agreement specifies that Illinois law shall govern the agreement. This addendum is executed if the offer or sale of the franchise is made in Illinois, if the developer is a resident of Illinois, or if the development area will be located in Illinois.
This means that if a Churchs Chicken franchisee meets any of the above conditions related to Illinois, the franchise agreement will be subject to Illinois law. This could have significant implications for dispute resolution, as Illinois law will dictate how the agreement is interpreted and enforced.
Additionally, the addendum includes clauses to ensure compliance with the Illinois Franchise Disclosure Act, specifically addressing jurisdiction, venue, and statutes of limitations for causes of action. These stipulations protect the franchisee by ensuring that they are not forced to litigate disputes outside of Illinois and that they have adequate time to bring claims under the Act.